Vikram Nath, Pratyush Kumar, J. - (1.) This appeal under section 374 (2) Cr.P.C. has been filed by the appellants Raj Kumar and Tinkoo, assailing the correctness of the judgment and order dated 30.03.2012, passed by the Additional Sessions Judge, Khurja, Bulandshahr in Sessions Trial No.1125 of 2011, State of U.P. v. Raj Kumar and another , under sections 302/34 IPC, P.S. Chhatari, District Bulandshaahar convicting and sentencing the appellants to undergo life imprisonment under section 302/34 IPC and a fine of Rs. 10,000/- each and in default of fine amount they have to further undergo 1 year's additional rigorous imprisonment.
(2.) Preetam Singh, Village Chawkidar of Village Chauganapur, P.S. Chhatri, District Bulandshahar submitted a written complaint on 02.08.2011 at 02.30 p.m. He stated therein that one Malkhan Singh, resident of his village had 2 sons namely Raj Kumar and Tinkoo. Raj Kumar was married. There were frequent altercations between the father on one side and 2 sons on other side relating to partition of the property. That day in the morning also there was an altercation. In the afternoon at about 1.30 p.m. a heated discussion was continuing between the father on one side and the 2 sons on the other side and at that time Raj Kumar who had a Takuva (a metal piece pointed at both the ends) in his hand assaulted his father on the left side of the forehead and the other son Tinkoo assaulted him with fist therefrom Malkhan Singh suffered injuries and died on the spot. The sons were trying to carry the dead body for cremation. A large group of villagers had collected at the spot. The report might be registered and appropriate action be taken.
(3.) On this complaint a check FIR was prepared and registered as Case Crime No.159 of 2011 (Ex. Ka 7). The Investigating Officer collected plain earth and blood stained earth from the place of occurrence, put them in different boxes and sealed them. He also prepared a fard (Ex. Ka 3). The Investigating Officer also recovered the Takuva, said to have been used in the crime, which had blood stains on it measuring about 2 Balist and 5 fingers long, pointed at both the ends and was wrapped in a piece of cloth, sealed and a fard was prepared (Ex. Ka 4). The Investigating Officer also recovered 5 cakes of cow dung from the place of occurrence which were likely to be used for burning the dead body. The cakes of cow dung were also wrapped in a piece of cloth, sealed and a fard was prepared (Ex. Ka 5). The Investigating Officer also recovered one piece of Dupatta of black colour which contained blood stains on it, one piece of bed-sheet of while colour which also contained blood stains and a towel of white colour containing blood stains. They were also wrapped in a piece of cloth, sealed and a fard was prepared (Ex. Ka 6). The inquest proceedings were completed by the Investigating Officer at 5.00 p.m. on the same day. The dead body was sent for postmortem which was carried out on 03.08.2011 at 12.30 p.m. by Dr. Preetam Singh and the following ante-mortem injuries were noticed on the body of the deceased in the postmortem report : 1. Lacerated wound 2 cm x 1 cm x Ms deep on the left external ear. 2. Lacerated wound 1 cm x 1/2 cm x brain cavity deep 3 cm in front of left ear on exploration left temporal bone found fractured, membrane & brain lacerated and 40 ml of clotted blood present in cranial cavity. 3. Abrasion 3 cm x 1/2 cm on the right side forehead 4 cm above from Rt. ear.;